Guatemala Ministry of Labour: Enhancing Worker Protections and Regulations
The Government of Guatemala, through the Ministry of Labour and Social Welfare, has implemented changes in legislation and public awareness-raising campaigns to enhance worker protections. This includes regulations for recruiting agencies, ensuring workers' rights are safeguarded prior to their departure from Guatemala. Case studies highlight the importance of guarantee insurance, repatriation coverage, and necessary training for workers. The focus is on upholding international conventions and the Guatemalan Labour Code to promote fair and safe working conditions.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Government of Guatemala Ministry of Labour and Social Welfare REGIONAL CONFERENCE ON MIGRATION The Guatemalan Experience Changes in Legislation Public Awareness-Raising Campaigns
Political Constitution of the Republic Legislation Art. 1. Protection for individuals and families. Art. 2. Duties of the State. Art. 101. The right to work. Ratified International Conventions ILO Convention 96 concerning Fee- Charging Employment Agencies, 1949. Objective To establish the fundamental rights and the duty of protection. Objective International parameters on the matter ILO Convention 97 concerning Migrant Workers, 1949. Ordinary Legislation Guatemala Labour Code (Arts. 34-36) Regulations for Recruiting Agencies Objective Protection of the rights of workers prior to their departure from Guatemala; Operations, control and registration of recruiting agencies.
Labour Code Articles 34, 35 & 36 Protection of the rights of workers prior to their departure from Guatemala Authorization by the Ministry of Labour and Social Welfare; Permanent representative in Guatemala City; Transportation costs abroad; Transportation costs for family members (if necessary); Payment of guarantee insurance (repatriation costs, compensation or benefit claims); Repatriation; A written contract is required; A copy for the diplomatic representative.
Case Name Farm/Occupation Problem Farm: Le Jardins Sorel, located in San Miguel Quebec 1. Suffered an accident and lost phalanges of his right hand. The employer deducted the round-trip airfare from his salary. The workers did not receive prior training on how to use the machines to cut broccoli. Hugo Noe Xicay Xar 2. Occupation: Agricultural worker; task allocated: harvesting broccoli. 3.
In accordance with current legislation: Worker Hugo Noe Xicay Xar would receive: Compensation backed up by the guarantee insurance; Repatriation costs covered by the guarantee insurance; Training required for the work to be performed.
Improvements Governmental Agreement: Regulations for Recruiting Agencies The authorization shall be granted through a Resolution. Should be renewed annually (appropriately updating documents as established in Article 6 of the Agreement).
RIGHTS To freely perform the authorized and registered activity; To be registered recruitment agencies included in the records of the Ministry of Labour and Social Welfare (MINTRAB), and to be posted on the website; To register and post employment offers through the electronic portal of the National Employment Service.
RIGHTS To collect visa issuance and medical examination fees and fees for issuing other documents required for obtaining a visa in the country of destination; the worker should receive the receipts and invoices specifying the expenses incurred. Fee-collecting employment agencies may charge service fees to the employer. Not-for-profit employment agencies may only receive, from the employer, reimbursement of administrative costs that do not exceed the equivalent of the current minimum wage for non-agricultural activities in Guatemala.
OBLIGATIONS To have an official authorization; The recruiting agency should notify the Ministry of Labour and Social Welfare in writing, within a period of 30 days, of any changes relating to: The name or corporate name of the recruiting agency; The address of the headquarters and branches of the recruiting agency; Suspension of activities; Definite closure of the agency. To inform the workers about their rights and duties relating to the work they will perform.
OBLIGATIONS To be truthful in their postings and to provide extensive information to job applicants about the positions offered, specifying the characteristics and exclusively mentioning the skills or expertise required to perform a specific activity; To include the corporate name, address, telephone number and official authorization number of the recruiting agency s operations in the postings; To keep updated records of the number of Guatemalan workers recruited; To ensure that the work to be performed does not expose the worker to risks relating to diseases or accidents in the workplace; To submit a report to the Ministry of Labour and Social Welfare on compliance with the obligations established in the Agreement.
OBLIGATIONS (Recruitment to work abroad) To comply especially with Articles 34, 35 & 36 of the Labour Code. To submit an official proof of the employment offer issued by the relevant authority in the country of destination to the Ministry of Labour and Social Welfare, prior to recruitment. Prior to recruitment, to inform the Ministry of Labour and Social Welfare about the date and place where the recruitment will take place. The Ministry of Labour and Social Welfare (MINTRAB) will have the authority to supervise the recruitment process of Guatemalan workers wishing to work abroad.
OBLIGATIONS To inform the workers, prior to departure, about general living conditions, payment of taxes, the nature of the work to be performed, duties and rights related to the position, customs, holidays, leaves of absence, vacations and health and accident insurance and to provide the street and e-mail addresses and telephone and fax numbers of the consular and diplomatic missions in the country of destination. To submit an updated record of each worker, including the full name, date of departure and return, exact address in the country of destination, name of the employer and additional information required by relevant authorities to the Ministry of Labour and Social Welfare, within a maximum period of five working days after the date of departure of the worker.
PROHIBITIONS To charge any kind of fee to individuals applying for a job money, services or in- kind, direct or indirect, including costs related to the dissemination and posting of employment offers, information provided, training or any aspect relating to the recruitment, except for the aspects established in Article 9, Paragraphs G and H. To agree directly or indirectly with the employers who use the recruitment service that the administrative costs of the recruiting agencies will be deducted partially or totally from the salaries of the hired workers. To offer illegal employment, a non-existent vacant position, false employment characteristics or conditions and in general, any act or omission that deceives the worker violating his or her fundamental rights, and any mode of trafficking in persons. To make undue or illegal use of the information and documents provided by users and to withhold identity documents or other documents included in the worker s file.
PROHIBITIONS To use a corporate name other than that which is registered in the Ministry of Labour and Social Welfare. To recruit workers if this is not based on the conditions established in the official authorization and as specified in relevant current legislation. To perform actions involving any type of discrimination during the worker recruitment process. To fully or partially use emblems, logos and names of government institutions and international organizations in announcements or letterheads without prior written authorization by these entities. To hire workers under 18 years of age. To recruit workers to work in countries that are not members of the United Nations (UN).
